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WILMINGTON TRUST COMPANY v. LEE

298 A.2d 358 (1972)

WILMINGTON TRUST COMPANY, a banking corporation of the State of Delaware, Trustee under an Agreement with Alonzo B. McMillen and Florence O. McMillen, Petitioner, v. Eileen McMillen LEE et al., Respondents.

Court of Chancery of Delaware, New Castle.

October 6, 1972.

Attorney(s) appearing for the Case

Robert H. Richards, Jr., Richard J. Abrams and Jane R. Roth, of Richards, Layton & Finger, Wilmington, for petitioner.

Bruce M. Stargatt of Young, Conaway, Stargatt & Taylor, Wilmington, for defendant Eileen McMillen Lee.

Rodman Ward, Jr., of Prickett, Ward, Burt & Sanders, Wilmington, for defendant Katherine McMillen Woodson.

S. Samuel Arsht, James M. Tunnell and Paul P. Welsh, of Morris, Nichols, Arsht & Tunnell, Wilmington, for defendants R. Peyton Woodson, III, and Martha A. Woodson, guardians of Lonnie McMillen Faust and Katherine Morrison Faust.

MARVEL, Vice Chancellor.

The pending petition in this case was filed on September 11, 1972 because the petitioner was concerned about the manner of its performance of what appears on the surface to be a ministerial duty, namely the casting of a ballot for the election of corporate directors. Such petition specifically seeks instructions as to appropriate action to be taken by the petitioner Wilmington Trust Company as successor trustee under a trust indenture entered...

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